When you’ve been injured in a car accident, it’s obviousl to be concerned about money. You may not be able to work while you’re recovering from your injuries. Your car may have been totaled, or requires extensive repairs. You may have to pay for help with things you usually do yourself. And, the medical bills may be piling up.
That’s why “How much is my case worth?” is one of the most common questions personal injury lawyers hear.
No attorney can tell you exactly what you can expect in a car accident settlement or verdict. In fact, if an injury lawyer claims they can guarantee you a specific outcome, you should be very wary of working with them. That kind of promise is considered unethical in Texas, since there will always be variables that can affect the outcome of your case. However, an experienced car wreck attorney can provide an assessment of your case that includes information like:
The factors that will impact the outcome of your case
Any strengths or weaknesses they can identify based on the information you provide during your consultation
How local courts have treated cases similar to yours in the past
What their past experience negotiating with the insurance company involved has been like
Because there are so many factors in play, a seasoned car accident lawyer is your best source of information about the possible value of your case. The information here is intended only to provide you with an overview of the factors that may impact the value of your auto accident claim.
Damages in a Texas Car Accident Case
Some of the most common types of damages in a Texas car accident case include:
Medical expenses due to the accident, including expenses already incurred and ongoing or anticipated future expenses
Other expenses associated with your injuries, such as special equipment, accessible housing and vehicles, and services
Lost income, including earnings lost during your recovery and any decrease in future earning capacity
Non-economic losses like pain and suffering / loss of quality of life
Of course, the possible damages within each category will be different depending on your injuries, and on other factors.
Some of the additional factors to consider include:
Whether your injuries and limitations are temporary, long-term, or permanent
Your age at the time of the injury, particularly if the injuries are permanent
Your earning capacity before the injury, and the likely trajectory of your career and earnings if it hadn’t been interrupted by the accident
The impact of your injuries on day-to-day life
For example, if you have fully recovered by the time your case is settled or you go to trial, your medical expenses will be limited to the costs incurred to get you to that point. But, if you haven’t fully recovered, the analysis is more complicated. Expert witnesses may be needed to explain what you can expect in the future, including whether and to what extent you will continue to improve and what medical costs you’ll face in the future.
Similarly, lost wages during your recovery may be simple to quantify. If you were off work for six months and then returned to work in the same position at the same rate of pay, you’ll know exactly how much income you lost. But, if limitations from the accident mean you can’t go back to the same type of work, can’t work full time, aren’t expected to be able to work until normal retirement age, or can’t return to work at all, you’ll likely need an expert to calculate those losses. If the amount is significant, the insurance company will usually have their own expert making the case for lower numbers.
Other Factors Can Affect Your Settlement Offer
The potential value of your claim can also be affected by a range of factors that aren’t strictly related to your injuries. For instance, juries in some counties are more generous to personal injury plaintiffs than others, and the insurance carrier negotiating your settlement will know that and factor it into their offer. Similarly, the insurance company may have experience with your attorney and know whether or not your lawyer is prepared to fight for you in court if they don’t make a favourable settlement offer. They’ll even assess you to determine how “sympathetic” they think you’ll appear if your case goes to court.
Schedule a Free Consultation with a Car Accident Lawyer to Learn More
As you can see, valuing a car accident claim or other personal injury case is complicated. And, no lawyer can promise you a specific outcome. But an attorney who has significant experience with local car accident cases will know how local juries typically respond to cases like yours and how the facts of your case will weigh in any settlement offer. And, the right decisions about your case can help secure a larger settlement or verdict. That includes things like:
Conducting a full investigation and building the strongest possible case on your behalf
Being prepared to try your case to a jury if you don’t get a fair settlement offer
Identifying and working with the best experts to establish the full extent of your losses
The Orange Law Firm has extensive experience with Texas car accident cases, and are dedicated to fighting for the best possible outcome for you. To learn more about how we can help, schedule your free consultation right now.
